Lynne Counsell

This Q&A considers whether an ordinary power of attorney can be used to allow the attorney to sign a letter of resignation as a director of a company on behalf of the donor of the power.

This Q&A considers whether a trust of which the beneficiaries are disabled minors can qualify as a vulnerable beneficiary trust for tax purposes.

This Q&A considers whether a Will drafted in England and governed in English law can be executed in Singapore.

This Q&A considers whether a Will made in France by British Citizens who are domiciled there, can be probated in the UK.

This Q&A considers the occasions when an alternative supplier can be used.

This Q&A considers whether an LPA attorney can act for the donor in the context of divorce proceedings and signposts further resources.

This Q&A discusses the possibility for delegating powers of attorney as an attorney.

This Q&A considers an executor’s powers prior to the grant of probate. The specific issue is whether an executor can complete a new lease or enter into a valid agreement for a new lease before a grant of probate.

This Q&A considers whether an executor may grant a licence for property alternations prior to the grant of probate being issued and their potential liability to the beneficiaries of the estate if they do so.

This Q&A considers whether land can be held on trust for a partnership by a person who has yet to be admitted as a partner.

This Q&A considers whether multiple contracts can be novated in one agreement.

This Q&A considers the factual situation where there are two trustees of a settlement, T1 and T2. T1 wishes to retire and T2 wishes to appoint a new trustee to act in place of T1. The settlor has the right under the trust instrument to appoint new trustees during their lifetime but has lost capacity.

This Q&A considers whether a property and financial affairs deputy may make contributions towards the running costs of the P’s former home in which P’s spouse is still living, having previously shared the outgoings.

This Q&A considers whether children of a deceased intestate are able to renounce their right to be administrators in the deed of variation altering the disposition of the estate.

This Q&A deals with the rights and duties of personal representatives (PRs) when shares are comprised in the estate which they are administering, in particular whether the PRs have power to amend articles of association to insert pre-emption rights.

This Q&A considers whether trustees have the power to pay income to the parent of an adult (under the age of 25) beneficiary of an old accumulation and maintenance trust.

This Q&A considers whether a ’Rights of Third Parties’ clause can be used in trust documents and if so whether it is likely to be enforceable.

This Q&A considers whether a beneficiary who has been living in the deceased’s property for a number of years has right to occupy.

This Q&A considers whether a deed of novation replaces the original contract or purely transfers the benefits and liabilities to a third party as a supplemental agreement.

This Q&A considers the following issues: does a document appointing an attorney need to state that it is a power of attorney for it to be effective as such? If a document giving authority to one party to act on behalf of another is silent as to whether it is a power of attorney, do the general principles of agency apply to such appointment and the extent of the authority granted?